Elimination of Trustee Area Election

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California Department of Education
Executive Office
SBE-005 General (REV.08/2014) / ITEM #W-10

CALIFORNIA STATE BOARD OF EDUCATION

May 2015 AGENDA
General Waiver
SUBJECT
Request by seven school districtsto waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a districtwide election to establish a by-trustee-area method of election.
Waiver Numbers:
Banning Unified School District 30-2-2015
Chatom Union School District 1-2-2015
Garden Grove Unified School District 13-1-2015
Keyes Union School District 13-2-2015
Perris ElementarySchool District 5-3-2015
Pomona Unified School District 25-2-2015
William S. Hart Union HighSchool District 7-3-2015 /

Action

Consent

SUMMARY OF THE ISSUES

School districts that elect governing board members at-large are facing existing or potential litigation under the California Voting Rights Act of 2001 (CVRA). Pursuant to the California Education Code (EC), a district can change from at-large elections to by-trustee-area elections only if the change is approved by both the County Committee on School District Organization (County Committee) and voters at a districtwide election.

To reduce the potential for litigation and to establish by-trustee-area elections as expeditiously as possible, the Banning Unified School District (SD), the Chatom Union SD, the Garden Grove Unified SD, the Keyes Union SD, the Perris Elementary SD, the Pomona Unified SD, and the William S. Hart Union High SDrequest thatthe California State Board of Education (SBE) waive the requirement that by-trustee-area election methods be approved at districtwide elections—allowing by-trustee-area elections to be adopted upon review and approval of the County Committees.

Authority for Waiver:EC Section 33050

RECOMMENDATION

Approval Approval with conditions Denial

The California Department of Education (CDE) recommends the SBE approve the requests bythe Banning Unified SD, the Chatom Union SD, the Garden Grove Unified SD, the Keyes Union SD, the Perris Elementary SD, the Pomona Unified SD, and the William S. Hart Union High SD to waive ECSection 5020, and portions of sections 5019, 5021, and 5030, which require a districtwide election to approve a by-trustee-area method of election.

SUMMARY OF KEY ISSUES

Approval of this waiver request would eliminate the election requirement for approval of trustee areas and a by-trustee-area method of election for future governing board elections inthe seven school districts. Voters in the districts will continue to elect all board members—however, if the waiver request is approved, all board members will be elected by trustee areas, beginning with the next board elections.

County Committees have the authority to approve or disapprove the adoption of trustee areas and methods of election for school district governing board elections. Pursuant to EC Section 5020, County Committee approval of trustee areas and election methods constitutes an order of election; thus, voters in the districts have final approval.

Many districts in California are facing existing or potential litigation under the CVRA over their at-large election methods. To help avoid potential litigation, the seven school districts aretaking action to establish trustee areas and adopt by-trustee-area election methods. In order to establish these trustee areas and the methods of election as expeditiously as possible, the districtsare requesting that theSBE waive the requirement that the trustee areas and the election method be approved at districtwide elections. If the SBE approves the waiver request, districtwide elections for the seven school districtswill not be required and by-trustee-area election methods can be adopted in the districts upon review and approval of the County Committees.

Only the elections to establish trustee areas and election methods will be eliminated by approval of the waiver requests—voters in the school districts will continue to elect all governing board members. Moreover, approval of the waiver requests will not eliminate any existing legal rights of currently seated board members.

The waiver requests havebeen reviewed by the CDE and it has been determined that there was no significant public opposition to the waivers at the public hearings held by the governing boards of the districts. The CDE has further determined that none of the grounds specified in EC Section 33051,which authorize denial of a waiver, exist. The CDE recommends the SBE approve the requests by the Banning Unified SD, the Chatom Union SD, the Garden Grove Unified SD, the Keyes Union SD, the Perris Elementary SD, the Pomona Unified SD, and the William S. Hart Union High SD to waive ECSection 5020, and portions of sections 5019, 5021, and 5030, which require a districtwide election to approve a by-trustee-area method of election.

Demographic Information:

The Banning Unified SD has a student population of 4,457 and is located in an urban area in Riverside County.

The Chatom Union SDhas a student population of 579 and is located in a rural area in Stanislaus County.

The Garden Grove Unified SD has a student population of 47,960 and is located in an urban area in Orange County.

The Keyes Union SDhas a student population of 750 and is located in a small city in Stanislaus County.

The Perris Elementary SDhas a student population of 5,860 and is located in asmall city in Riverside County.

The Pomona Unified SD has a student population of 27,000 and is located in an urban area in Los Angeles County.

The William S. Hart Union High SD has a student population of 22,509 and is located in an urban area in Los Angeles County.

Because this is a general waiver, if the SBE decides to deny the waiver, it must cite one of the seven reasons in EC 33051(a), available at

SUMMARY OF PREVIOUS STATEBOARD OF EDUCATION DISCUSSION AND ACTION

The SBE has approved more than 100 similar waivers—most recently for the Sylvan Union Elementary SD (Stanislaus County) at the March 2015 SBE meeting.

FISCAL ANALYSIS (AS APPROPRIATE)

Approval of the waiver requests will not have negative fiscal effects on any local or state agency. Failure to approve the requests will result in additional costs to the Banning Unified SD, the Chatom Union SD, the Garden Grove Unified SD, the Keyes Union SD, the Perris Elementary SD, the Pomona Unified SD, and the William S. Hart Union High SD for districtwide elections.

ATTACHMENT(S)

Attachment 1: Information from Districts Requesting Waiversof Elections Required to Establish Trustee AreaElections (3 pages)

Attachment 2: Banning Unified School District General Waiver Request30-2-2015

(6 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 3: Chatom Union School District General Waiver Request 1-2-2015

(6 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 4: Garden Grove Unified School District General Waiver Request13-1-2015

(7 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 5: Keyes Union School District General Waiver Request 13-2-2015

(6 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 6: Perris Elementary School District General Waiver Request5-3-2015

(8 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 7: Pomona Unified School District General Waiver Request25-2-2015

(6 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 8: William S. Hart Union High School District General Waiver Request

7-3-2015 (6 pages) (Original waiver request is signed and on file in the Waiver Office.)

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Elimination of Trustee Area Election

Attachment 1

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Information from Districts Requesting Waivers of Elections Required to Establish Trustee Area Elections

California Education Code Section 5020 and portions of sections 5019, 5021 and 5030

Waiver Number / District / Period of Request / Bargaining Unit, Representatives Consulted, Date, and Position / Public Hearing and Board Approval Date / Public Hearing Advertisement / SSC/Advisory Committee Position
30-2-2015 / Banning Unified School District / Requested and
Recommended:
February27, 2015, to February27, 2016 / Banning Teachers Association, Jannine Kersavage, President, 1/26/15Neutral
California School Employees Association, Jennifer Serrano, President, 1/26/15Neutral / 1/29/2015 / The public hearing notice was posted in a newspaper, at school sites, and at the district office. / Reviewed by Citizens’ Oversight Committee, all schoolsite councils, and District Parent Advisory Committee on 1/26/2015
No objections
1-2-2015 / Chatom Union School District / Requested and
Recommended:
January 1, 2015, to December 31, 2015 / Chatom Union Educators' Association, Laura Nance, President, 12/4/14 Neutral
California School Employees Association, Anna Ramirez, President, 12/3/14 Support / 1/13/2015 / The hearing notice was published in a local newspaper and was posted in three public places in the district. / Reviewed by Mountain View Schoolsite Council (12/4/14), Chatom Schoolsite Council (1/12/15), and District English Language Advisory Committee (11/20/2014)
No objections
13-1-2015 / Garden Grove Unified School District / Requested:
October 1, 2014, to September 30, 2015
Recommended:
January 1, 2015, to December 30, 2016 / Garden Grove Education Association, Justina Gurney, President, 12/2/14 Support
California School Employees Association, Jan Alls, President, 10/21/14 Support
Garden Grove Pupil Personnel Services Association, Steffanie Belasco, President, 10/21/14 Support
Garden Grove Unified Supervisory Unit, Vic Chumley, President, 10/21/14 Support / 12/16/14 / The public hearing was noticed in theagenda for the 12/16/2014 Board meeting, in Board docket items, at various public meetings between May and December 2014 and on the district Website. / Reviewed by District English Language Advisory Committee, all schoolsite councils, and Parent Teacher Association District Council on 12/15/2014
No objections

Information from Districts Requesting Waivers of Elections Required to Establish Trustee Area Elections

California Education Code Section 5020 and portions of sections 5019, 5021 and 5030

Waiver Number / District / Period of Request / Bargaining Unit, Representatives Consulted, Date, and Position / Public Hearing and Board Approval Date / Public Hearing Advertisement / SSC/Advisory Committee Position
13-2-2015 / Keyes Union School District / Requested:
May 9, 2015, to
May 30, 2015
Recommended:
January22, 2015, to December 31, 2015 / Keyes Teachers Association, Monica Eavenson, Secretary, 1/6/15Neutral
California School Employees Association, Khush Samra, President, 1/6/15Neutral / 2/18/2015 / The hearing notice was posted at every school site, at three other public places in the district, and on the district Website. / Reviewed by all schoolsite councils, District Advisory Committee, and District English Language Advisory Committee on 2/9/2015
No objections
5-3-2015 / PerrisElementary School District / Requested:
July 1, 2014, to
June 30, 2017
Recommended:
April1, 2015, to March 30, 2017 / Perris Elementary Teachers Association, Sharon Breyer, President, 2/19/15Neutral
California School Employees Association, Ana Magana, President, 2/2/15Oppose(disagrees with the efforts to seek a waiver) / 2/27/2015 / The hearing notice was posted at each school site, at district offices, and on the district Website. / The district held three community forums on 1/22/15, 2/2/15, and 2/19/15 at different sites but no specific advisory committees were consulted
No objections
25-2-2015 / Pomona Unified School District / Requested and
Recommended:
February 11, 2015, to February 9, 2017 / Associated Pomona Teachers, Michael De Rosa, President, 2/13/15Neutral
California School Employees Association, Marian Orozco, President, 2/13/15Support
Pomona Administrators/Classified Management/Confidential Employees Association, Laura Solis, President, 2/13/15Support / 2/11/15 / The public hearing was advertised in flyers, in newspapers, on the district Website, via individual e-mail, on school marquees, in public forum announcements, and on social media. / Reviewed byDistrict English Language Advisory Committee on 2/23/2014
No objections

Information from Districts Requesting Waivers of Elections Required to Establish Trustee Area Elections

California Education Code Section 5020 and portions of sections 5019, 5021 and 5030

Waiver Number / District / Period of Request / Bargaining Unit, Representatives Consulted, Date, and Position / Public Hearing and Board Approval Date / Public Hearing Advertisement / SSC/Advisory Committee Position
7-3-2015 / William S. Hart Union High School District / Requested and
Recommended:
January26, 2015, to January24, 2017 / Hart District Teachers Association, Jayme Allsman, President, 10/31/2014Neutral
California School Employees Association, Kelly Janney, President, 10/31/2014Neutral / 11/5/2014 / Notice of the public hearing was posted in the Signal Newspaper, at the district administrationoffice and schoolsites, on the district Website; and notifications were sent via e-mail and through eNotify. / Reviewed by District Advisory Committeeand Parent Communications Council on 10/31/2014No objections

Created by California Department of Education

March10, 2015

Revised: 10/19/2018 11:05 AM

Elimination of Trustee Area Election

Attachment 2

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California Department of Education

WAIVER SUBMISSION - General

CD Code: 3366985Waiver Number: 30-2-2015Active Year: 2015

Date In: 2/27/2015 1:35:45 PM

Local Education Agency: Banning Unified School District

Address: 161 West Williams St.

Banning, CA92220

Start: 2/27/2015End: 2/27/2016

Waiver Renewal: N

Previous Waiver Number: Previous SBE Approval Date:

Waiver Topic: School District Reorganization

Ed Code Title: Elimination of Election Requirement

Ed Code Section: 5020 and portions of 5019, 5021, and 5030

Ed Code Authority: 33050-33053

Ed Code or CCR to Waive: Please see Attachment A, attached hereto and incorporated herein by reference.

Outcome Rationale: This waiver is requested to expedite efforts by Banning Unified School District ("District") to ensure compliance with the California Voting Rights Act (Elections Code section 14025 et seq.) ("CVRA"). By granting this waiver, the District will be able to implement its new "by-trustee area" election system for its November 2015 elections to reduce any potential liability under the CVRA. Due to the fact that the CVRA grants a prevailing plaintiff the right to reasonable attorneys' and expert witness fees, the District seeks to reduce the risk of costly litigation under the CVRA. By reducing the risk of such costly litigation in an expeditious and cost-efficient manner, the District will be able to ensure that cuts to necessary and valuable District student programs are not needed because of claims being brought under the CVRA.

Student Population: 4457

City Type: Urban

Public Hearing Date: 1/29/2015

Public Hearing Advertised: Newspaper, the school sites, and District Office

Local Board Approval Date: 1/29/2015

Community Council Reviewed By: Citizens' Oversight Committee, School Site Councils, District Parent Advisory Committee

Community Council Reviewed Date: 1/26/2015

Community Council Objection: N

Community Council Objection Explanation:

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Elimination of Trustee Area Election

Attachment 2

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Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Mr.RobertGuillen

Position: Superintendent

E-mail:

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Elimination of Trustee Area Election

Attachment 2

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Telephone: 951-922-2706

Fax: 951-922-0227

Bargaining Unit Date: 01/26/2015

Name: Banning Teachers Association

Representative: Jannine Kersavage

Title: President

Position: Neutral

Comments:

Bargaining Unit Date: 01/26/2015

Name: California School Employees Association, Ch. 147

Representative: Jennifer Serrano

Title: Chapter President

Position: Neutral

Comments:

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Elimination of Trustee Area Election

Attachment 2

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Attachment A

6. Education Code sections to be waived

Request to waive the following sections and portions of the Education Code lined out below:

§ 5019. Trustee areas and size of school district governing boards; powers of county committee; proposal and hearing

(a) Except in a school district governed by a board of education provided for in the charter of a city or city and county, in any school district or community college district, the county committee on school district organization may establish trustee areas, rearrange the boundaries of trustee areas, abolish trustee areas, and increase to seven or decrease to five the number of members of the governing board, or adopt one of the alternative methods of electing governing board members specified in Section 5030.

(b) The county committee on school district organization may establish or abolish a common governing board for a high school district and an elementary school district within the boundaries of the high school district. The resolution of the county committee on school district organization approving the establishment or abolition of a common governing board shall be presented to the electors of the school districts as specified in Section 5020.

(c) (1) A proposal to make the changes described in subdivision (a) or (b) may be initiated by the county committee on school district organization or made to the county committee on school district organization either by a petition signed by 5 percent or 50, whichever is less, of the qualified registered voters residing in a district in which there are 2,500 or fewer qualified registered voters, by 3 percent or 100, whichever is less, of the qualified registered voters residing in a district in which there are 2,501 to 10,000 qualified registered voters, by 1 percent or 250, whichever is less, of the qualified registered voters residing in a district in which there are 10,001 to 50,000 qualified registered voters, by 500 or more of the qualified registered voters residing in a district in which there are 50,001 to 100,000 qualified registered voters, by 750 or more of the qualified registered voters residing in a district in which there are 100,001 to 250,000 qualified registered voters, or by 1,000 or more of the qualified registered voters residing in a district in which there are 250,001 or more qualified registered voters or by resolution of the governing board of the district. For this purpose, the necessary signatures for a petition shall be obtained within a period of 180 days before the submission of the petition to the county committee on school district organization and the number of qualified registered voters in the district shall be determined pursuant to the most recent report submitted by the county elections official to the Secretary of State under Section 2187 of the Elections Code.

(2) When a proposal is made pursuant to paragraph (1), the county committee on school district organization shall call and conduct at least one hearing in the district on the matter. At the conclusion of the hearing, the county committee on school district organization shall approve or disapprove the proposal.

(d) If the county committee on school district organization approves pursuant to subdivision (a) [the rearrangement of the] boundaries of trustee areas for a particular district, then the [rearrangement of the] trustee areas shall be effectuated for the next district election occurring at least 120 days after [its] approval, [unless at least 5 percent of the registered voters of the district sign a petition requesting an election on the proposed rearrangement of trustee area boundaries. The petition for an election shall be submitted to the county elections official within 60 days of the proposal's adoption by the county committee on school district organization. If the qualified registered voters approve pursuant to subdivision (b) or (c) the rearrangement of the boundaries to the trustee areas for a particular district, the rearrangement of the trustee areas shall be effective for the next district election occurring at least 120 days after its approval by the voters.

§ 5020. Presentation of proposal to electors